Note: This article first appeared in the May 2024 issue of Practical Law The Journal.

Given the increasing commercial value of data, counsel should know how to protect data and data compilations as intellectual property (IP) assets and understand the key considerations in data licensing, such as data ownership and use, the treatment of original, derived, and usage data, and the scope of license rights, including sublicensing and exclusivity.

Co-authored by Wilson Sonsini partner Daniel Glazer, this article discusses considerations for protecting data and data compilations (such as electronic databases) as IP and drafting and negotiating data license agreements, including:

• How data and related IP issues are implicated in a range of agreements
• The application of different IP regimes to the protection of data as an asset under US law
• Potential approaches to data ownership and authorized use in data license agreements

To read the full article, please click here.